Hero Wind Energy Private Ltd. vs Inox Renewables Limited & Anr on 7 July, 2020
29. The use in Section 21 of the Act, while defining the date of
"commencement of arbitral proceedings", of the words "arbitral
proceedings in respect of a particular dispute", is clearly indicative of the
Act envisaging a separate Arbitral Tribunal with respect to successive
disputes which may arise between the same parties out of the same
agreement or set of agreements. All these provisions show that there can be
multiple claims and multiple references at multiple stages. This Court in
Messrs Krishna Construction Company Vs. Engineer Member, D.D.A.
2005 (122) DLT 54, relying upon Purser & Co. Vs. Jackson (1977) Q.B.
166 held that in arbitration proceeding, it is the terms of reference of the
arbitration which determine the issue which the Arbitrator has to decide;
accordingly, if a particular issue is included in the terms of reference,
parties would be estopped by the doctrine of res judicata from raising that
issue in subsequent arbitration proceedings even though the Arbitrator had
made no award in relation to that issue. The senior counsels for the
appellant are also correct in contending that this becomes further evident
from Section 29A read with Section 23 of the Arbitration Act prescribing a
period of six months, from the date the Arbitrator or all the Arbitrators have
received notice of appointment, for completion of pleadings and period of
12 months therefrom for making the arbitral award.